
Book M s'^dS 



HEAR BOTH SIDES. 



JBY 



ACOB BARKEK, 



NEW-ORLEANS. 
i>RINTED BY J. A. NOBLE, HERALD OFFICE, 34, ST. CHARLES ST. 

1844; 






CM I 



I ^ ^--^ 



THE ELLIOTT VOTES. 



".©♦€)... 



The recent election has given rise to much crimination and recrimi- 
nation on the subject of these votes. As the question has not lost any of 
its interest, and as there is to be an election in November which will be 
more hotly contested than any that has passed, it is therefore necessary 
that the whole subject should be well understood. 

To come at sound conclusions, it is necessary to understand the pre- 
cise merits of the question. Judge Elliott was a Whig judge, appointed 
by a Whig governor and senate. He was corrupted by certain persons 
claiming to be authorised by the Clay Club, and by certain other per- 
sons claming to be authorized by the Democratic Executive Committee, 
as appears by the appendijc of the " Official Report of the High Court 
o f Impeachment of the State of Louisiana, on the trial of Benjamin C. 
Elliott, Judge of the City Court of the City of Lafayette, begun and 
holden at the City of New-Orleans on the 23d of March, 1844." 

The documents in the appendix appear to be all from Whigs, excepting 
the two receipts for $100 each. 

APPENDIX. 

DOCUMENTS REFERRED TO IN THE TESTIMONY OF 

MESSRS. L. U. GAIENNIE AND E. LA SERE. 



Mr. Gaiennie will please naturalize Mr. Francis Nolte. 

Signed, H. T. VIENNE. 

Also — John Redegaid. * 

L. U. Gaiennie will please attend to the natuvalization of the under- 
signed, and charge the same to C. C. 

Signed. JOHN C. MEZING. 

William Quail, Michael O. Boye, James Galligan, 
John Galligan, Owen McAuulty, Michael Conlin, 

James Keen. 
Sept. 20th. — Clay Club Room, — Exchange Place. 
Christopher Shcltruirs, 2d Municipality ; Louis Lozinski, 1st do; Ja- 



(4) 

cob Sanman, 2d do; ^Tames Madden 1st do; Joseph Sloffel, 1st do: Chas. 
Ritter, 1st do; Diedrich Herschbein, 3d do; Chas Kuhlnan, 3d do; John 
William Sanman, 2d do: — 

Mr. Gaiennie will please do the best he can for the above. I have cri- 
tically examined them all, and find them in all respects eligible. 

Yr's, (Signed,) S. W. DALTON. 

New-Orleans, Sept. 13th, 1843. 
Mr. Gaiennie, You will please naturalize Stephen Bucklay, who lives 
in Tchoupitoulas street, and oblige yours, 

Signed, H. T. VIENNE. 

From the Clay Club. 

Mr. L. U. Gaiennie will please give Mr. Riley, an order to get natu- 
ralized, and oblige. Signed, H. T. VIENNE. 
Sept. 22d, 1843. Judge Elliott, at Lafayette. 

L. U. Gaiennie will please naturalize the bearer. Geor: Dumas, and 
James McAller, and charge the C. C. 

Signed JOJIN C. MEZING, N. Com. 

L. U. Gaiennie, will attend to the naturalization of Joseph Schilling, 
and charge the same to C. C. 

Signed. JOHN C. MEZING. 

Diedrich H. Noelle. 

L. U. Gaiennie, will please attend to the naturalization of Daniel 
Mclntyre, and Patrick mith, and charge the same to C. C. 

Signed, JOHN C. MEZING. 

Samuel McCafTry, to be naturalized. 
Sept. 16th. Signed, S. W. DALTON. 

Mr. Gaiennie, will please attend to the naturalizing of Mr. Peter J. 
Gildermeister, and Herman Lucas. 

Y'rs, Signed, S. W. DALTON. 

Mr. McNomara is eligible, ir^iall respects, for naturalization. 

Signed, S. VV. DALTON. 

L. U. Gaienie, will please attend to naturalizing of the bearers, John 
Coughlin and Daniel Sullivan, and charge the same to C, C. 

Signed, JOHN C. MEZING, Mem. Nat. Com. 

Charles Gehert, from Saxon Weimar, Germany. 

Air. F. Mender, is eligible for becoming a citizen. 

Signed, S. W. DALTON. 



L. U. Gaiennie, will please have these gentlemen naturalized, imme- 
dialely, so as to vote for our friend Gustave Cruzat, next Saturday. 
They will pay for them. Don't neglect this, 

Yours, Signed, H. T. VIENNE. 

Mario Argurio, , (null,) P. F, Bains. 

Corrected by J. CHAS. GUENET, 

Secretary C. C. Com.raittee. 

L. U. Gaiennie, will please assist Frederick Teufel, Casper Broadbeck, 
Frederick Kreauter, and Conrad Bleimann, in procuring their naturaliza- 
tion papers. They have already made declaration of their intention to 
become citizens. They will pay you a part of the expenses. 

Signed, B. RODRIGUEZ, 

Sept. 21, 1843. Ex. Committee. 

Mr. Gaiennie, You will please naturalize Jean Baptiste Colbalk. He 
wishes to vote for Cruzat. Attend to it, my friend. 

Signed, II. T. VIENNE. 

New-Orleans, Sept. 16. 1843. 

L. U. Gaiennie, will please attend to the undersigned, presented by A, 
Sutherland, and charge the same to the Clay C. Executive Committee, 
C. C. Signed, J AS. CHAS. GUENET, Secretary. 

20th September, 1842. 

.Tohn C. Looker, Francisco Jalpe, William McCluney. 

The Secretary of the Executive Committee Clay Club, respectfully 
beg of Mr. L. U. Gaiennie, to do for Mr. Claudius Moulard, whatever 
is necessary of naturalization ; he being a clergyman, sound to our prin- 
ciples, and willing to defray whatever moderate expenses there may be 
incurred for the same. J. C. GUENET. 

At my request, H. T. VIENNE. 

L. U. Gaiennie, Esq. will please attend to Mr. Shevelbern,(W.) bearer 
and charge the same to C. C. 

Ex. C. C. C. J. CHAS. GUENET. 

Mr. Jefi'erson. 

L. U. Gaiennie, Esq. will please attend to H'y. Octkever, and James 
Welbenger, and charge the same to the C. C 

Executive C. C. J. CHAS. GUENET,, Secretary. 

L. U. Gaiennie, Esq. will please attend to Arthur Dwiffy and Jarac? 
Iivnch, and charge the same to the Clay Club. 

Executive Committee. CHAS. GUENET, Secretary, 



(6) . 

L. U. Gaiennie, Esq. will please attend to Mr. Jean Marquct, the 
bearer, and charge the same to the Clay Club. Executive Committee. 
19th September, 1843. J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will please attend to Mr. F. Johnston and Henry 
Ocker, and charge the same to the Clay Club Executive Committee. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will please attend to Jacob Dreyfous, a tax payer 
already, and wishing to vote for our Recorder of the 1st. The same to 
the account of C. Club. Executive Committee. 

J. CHAS. GUENET, Secretary. 
L. U. Gaiennie, Esq. will please attend to Michael Welsh, the bearer, 
and charge the same to the Clay Club. • Ex. C. C. C. 

J. CHAS. GUENET, Secretary. 
L. U. Gaiennie, Esq. will please attend to Patrick Gaern, and charge 
the same to the Clay Club. Executive Committee. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will please attend to Daniel Fitzpatrick, and 
Patrick Philipp, bearers, and charge the same to the C. C. 

Executive Committee. J'. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will attend to the bearer, Mr. S. F. Stubenranche, 
« and charge the same to the Clay Club. Executive Committee. 

J. CHAS. GUENET, Secretary. 
L. U. Gaiennie, will please attend to these names, and charge the 
same to the Clay Club. C. C. Executive Committee. 

J. CHAS. GUENET, Secretary. 

John Cashell, John Brownlee. Wm. Goff. 

Michael Kally, John McVickle. 

L. U. Gaiennie, Esq. will please attend to James Parker, and 
charge the same to C. C. Executive Committee C. C. 

J. CHAS. GUENET, Secretary. 

I have known the bearer five years, and was employed by me in 1837. 

D- Waterman. 
L. U. Gaiennie, Esq., will please attend to T. Kernan, the bearer, 
and charge the same to the Clay Club. Executive Committee C. C 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, will please attend to Messrs. B. Barthc and Georgf; 
Kuntz, and charge the same to the Clay Club. 

Executive Committee C, C. J. CHAS. GUENET, Secretary. 



(7) 

L. U. Gaiennie, opposite St. Charles Hotel, (W. KapaL) 
L. U. Gaiennie, Esq., will please attend to Bernard McGuires, the 
bearer, and charge the same to C. C. Executive Committee C,C. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie Esq., will please attend to Wm. Clarey, B. Claney, 
Thomas McCarthy, and charge the same to C. C. 

Executive Com. C. C. J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will attend to Ant. Vieurling, and Joseph Burge- 
man, bearers, and charge the same toC. C. 

Ex. Com. C. C. J. CHAS. GUENET, Secretary, 

L. U. Gaiennie, Esq., will please attend to Juan Carete, Joses Gomes, 
A. Fernandez, F. Morente, and Victorin Poncigh, and charge the same to 
the Clay Club. Ex. Committee C. C. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq., will please attend to John Moreigno, and 
charge the same to the Clay Club. Executive Committee C. C. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie Esq., will please attend to Stewart, bearer, and 
charge the same to the Clay Club. Executive Committee C. C. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie. will please attend to Henry G, Wunch, bearer, 
and charge the same to thel'Clay Club. Executive Committee C. C. 

J. CHAS GUENET, Secretary. 
L- U. Gaiennie Esq., will please attend to Mr. James Boddy, bearer, 
and charge the same to the Clay Club: Executive Committee C. C. 

J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq., will please attend to Chs. Gautshalk, and 
charge the same to the Clay Club. Executive Committee C. C. 

J. CHAS. GUENET, Secretary. 
L. U. Gaiennie Esq., will please attend to Aaron Levy, and H. 
Levy, and charge the same to the C. C. Executive Committee C. C 

J. CHAS. GUENET, Secretarr. 
L. U. Gaiennie, Esq., will please attend to the bearer, Jacob Harris, 
and charge the same to the Clay Club. 
Executive Committee C. C. J. CHAS. GUENET, Secretary. 
L. U. Gaiennie, Esq., will please attend to James McDalmitt, the 
bearer, and charge the same to the Clay Club. 

Executive Committee C. C, J. CHAS, GUENET, Secretary. 



(8) 

L. U. Gaiennie, Esq., will please attend to James Roach, the bearer, 
and charge the same to the Clay Club. 

Executive Committee C. C. J. CHAS. GUENET, Secretary. 

L. U. Gaiennie Esq. will please attend to Thomas Kelly, the bearer, 
and charge the same to the Clay Club. 

Executive Committee C. C. J. CHAS. GUENET, Secretary. 

Friend Gaiennie, You Avill please have this gentleman naturalized, who 
has been for the last thirteen years; he is a good whig, and will support 
you and Freret. Your friend, H. T. VIENNE. 

Also for my friend Robert Lowe, who came to the country when 
eight years of age. 

L. U. Gaiennie, Esq. will please attend to John Dolan, the bearer, and 
charge the same to the Clay Club. 

J. CHAS GUENET., Secretary. 

L. U. Gaienni^, Esq. will please attend to 10 or 12 names. Mr. Van 
Buren will hand him, and charge the same to the Clay Club. 

Executive Committee, C. C. J. CHAS. GUENET, Secretary. 

L. U. Gaiennie, Esq. will please attend to Messrs. W. Lynd, and Tho- 
mas Lilly, bearers, and charge the same to the Clay Club. 

Executive Committee C. C. J. CHAS. GUENET, Secretary. 

L. A. Bendken, C. H. Wenk, S. Magner, 

L. A. Freebs, Mathai, M. Speger, 

A. G. Mueller, A. H. Kurmel. 

Mr. Gaiennie, will please naturalize the above named persons: 
BENJ. .COHEN, DAVIS, 

Sept. 13, 1843. JOSEPH NEWTON, H. T. VIENNE. 

L. U. Gaiennie, Esq. will please attend to Charles Gallager and James 
LafFaty, the bearers, and charge the same to the Clay Club. 

Executive Committee C. C. J. CHAS. GUENET, Secretary. 

John Dolan, 
L. U. Gaiennie, Esq. will please attend to the above, and charge the 
same to the Clay Club. Ex. Com. C. C. 

J. CHAS. GUENET, Secretary. 

Mr. Gaiennie, Un Mr. Martin avec son fils revennent de Lafayette, 
sans avoir ete naturalises, le Juge Elliott, exigeant de ces temoins, quand 
vous avez dit a Mr. Martin que cela n'etait pas necessaire. £ Fault il 
dire aux personnes de se munir de leurs temoins. 

Votre ServJteur, CHAS. GUENET. 



(9) 

L. U. Gaiennie, will please attend to Mr. Carl Jekelius, and Ma- 
thews Weishemer, the bearer, and charge the same to the Ciay Club. 

Executive Committee C. C. J. CHAS. GUENET, Secretary. 

Judge Elliott, will please let the bearers, W. Lind, Thomas Lilly, 
and William Regan, have their naturalization papers, for account of Clay 
Club. 20th Sept. 1843. L. U. GAIENNIE. 

Judge Elliott, will please let the individuals whom Mr. Vanburen will 
name to him, have their naturalization papers, for account of Clay Club. 

September 18, 1843. His friend. 

Signed. L. U. GAIENNIE. 

Pedro Verdaguie Pedro Ferres, Valentine Mecierc^s 

Armand Engladcre, Jose Marquez, P. F. Bains. 

Juan Hidalgo, Frederick Berry, J. Trescazes. 

Juan Silva, Andus Suis. 

Judge Elliott, will please let the bearers, A. Shumacher, Rudolph 
Schlotthe, John George, Frederick Leonnuker, Mr. Henry Kuhlman, and 
George Myers, have their naturalization papers, for account of C. C. 

Signed, September 21, 1843. L. U. GAIENNIE. 

Judge Elliott, will please let Mr. B. Vanostern, the bearer, have the 
naturalization papers of the men whose names he will give him, for 
account of Clay Club. Signed. L U. GAIENNIE. 

September 19th, 1843. 

John B. Magi, Lorenzo Pereiras, Benebosa Carlo, Dominiqu Lociano, 
David Raggio, Loazi Gordon, Antano Gedolfo, Geanuts Thaliferro, 
Telepo Couri, Antonio Achardi, Geome Annijo, J. Anselmo. 
Joseph Davis, (Portaguese,) F. N. Tayaferro, (Italian,) 

Jose Melendey, (Spanish,) Bartholome Robira, (Spanish) 

Pedro Ynson, (Spanish,) James Monfa, (Spanish,) 

by 
Signed, P. VAN BUREN. 

New-Orleans, September the 21st, 1843. 

Judge Elliott, will please naturalize Mr. McCarthy, and John Perry. 
New-Orleans, 19th September, 1843. 

Signed, ALF. ROUSSEAU. 

Sec'y Clay Club. 
L. U. Gaiennie, Esq., will please attend to Mr. John S. Arold, the 
bearer, and charge same to Clay Club. Executive Com'ttee. 

Signed, J. CHAS. GUENET, Sec'y 

New-Orleans, Sept, 11, 1843. 

B 



(10) 

Friend Gaiennie you will please naturalize the undersigned, to account 
of the Clay Club, and oblige yours. 

Charles Mathon, Leon Vial, Octave DuBois, 

Clement Duhamel, F. trancez. Abrahams, 

Allan Sutherland, 
Signed, H. T. VIENNE. 

L. U. Gaiennie, Esq., will please attend to Robert Sutherland, cooper^ 
and Whi. Sutherland, baker, — these two, besides the namesake of yester- 
day. Executive Committee Clay Club. 

Signed, J. CHAS. GUENET, Sec'y. 

[An order partly destroyed, and illegible.] 

L. U. Gaiennie, Esq., will please attend to Christopher Wynn, bearer^ 
and charge the same to the C. C. Executive Com'ttee C. C. 

Signed, J. CHAS. GUENET, Sec'y. 

Ree'd, Lafayette, 17 June, 1843, from E. La Sere, Esq., one hundred 
dollars, a | c. of citizens papers taken out in this Court. 

$100. Signed. B. C. ELLIOTT, Judge, 

For A. Phelps, Clerk 

Re'd. Lafayette, 27 June, 1843, from Mr. Penot, a [ c. of E. LaSere^, 
one hundred dollars, on account nat. papers. 

$100. Signed B. C. ELLIOTT, for A. Phelps. 

The fruit of this iniquity like the effect of the Cab licenses, and Land 
Certificates, disappointed their authors ; most of the new made voters 
after being faithful to their employers at the first election, yielded to those 
feelings which had induced them to flee from oppression and seek an 
asylum in this land of freedom, and voted the Democratic ticket. This 
enraged the Whigs ; and the honest men of all parties, were indignant 
at the barefaced innovations on the purity of our elections. 

Under these circumstances application was made by the Whigs to a 
Democratic Senate to impeach the Judge (Benjamin C. Elliott) and it 
promptly did so, as in duty bound. 

In the course of the proceedings before the Legislature the Commit- 
tee of the House of Representatives of which committee Randall Hunt 
Esq. a distinguished Whig member, was appointed Chairman, and to 
whom the subject had been referred ; reported among other things (as 
found in the Journal of the House of RepresentoMves second session of 
the 16th Legislature, page 61) that, 



(II) 

"'The Committee have been strongly urged to express an opinion with 
T-espect to the form of the Certificates of naturalization issued from the 
City Court of Lafayette, and given in evidence before them." 

" They do so readily : the Committee are unanimously of opinion thai 
Ihere is nothing objectionable in the form." "It is valid and sufficient 
in law." 

This opinion is supported by the doctrine in Campbell vs. Gordon and 
Wife, G Cranch's R. 176 : in Stark vs. the Chesapeake Ins. Comp. 7 
Cranch's R. 420 ; in Spratt vs. Spratt 4 Peters R. 893 ; and by the 
opinion of Mr. Nelson U. S. Attorney General, who cites two decisions 
from So : Ca : directly in point, one in 1 McCord 187, the other McCall 
and Oliver.) 

The proceedings before the Legislature and High Court of Impeach- 
ment show that complaint was made that seventeen hundred and forty-eight 
certificates had been fraudulently issued; of which, nineteen were im- 
peached . All which nineteen are believed to have been sent by those, 
claiming to represent the Clay Club. The names of ten of them are to 
be found among those recommended by them, and the others appeared by 
other exhibitions on the trial, to be among those recommended in the 
lump, by the same persons. 

In reference to these seventeen hundred and forty-eight certificates tlie 
Senate of Louisiana sitting as a High Court of Impeachment, in passing 
judgment on the 2nd Article of Impeachment, came to the following con- 
elusion : as will be found on page 30 of the Official Journal of the High 
Court of Impeachment." 

" The following, which was the second Article of Impeachment, was 
read, viz : 

"ARTICLE SECOND. 

"That the said Benjamin C. Elliott, Judge as aforesaid, reckless of 
truth and duty, and contrary to the sacred obligation ot his oath, by 
which he stood bound faithfully and impartially to discharge all the 
duties imposed upon him, unlawfidly and corruptly caused and permit- 
ted seventeen hundi-ed and forty-eight certificates purporting to be cer- 
tificates of naturalization, or judgments entered in legal form on the re- 
cords of the said court, to be issued under the seal of the said court of 
the city of Lafayette, by Abner Phelps, the clerk thereof, from the 2d 
day of March, 1841, to the 4th day of January, 1844, in fraud of the 
naturalization laws of the United States, to the subversion of the policy 
of the United States, and to the great danger of the liberties of the people: 
he, the said Benjamin C. Elliott, Judge as aforesaid^ well' knowing the 



(12) 

«aid pretended certificates to be false, and that there was no minute or 

judgment entered on record in said court, to authorize or warrant the 

issue of said certificates. 

"The yeas and nays were taken on the above article, and 

"Messrs. Garcia, Armant, Bernard, Carter, Downs, Dupre, Livaudais, 

Morse, Slidell, and Sparrow, voted that he was guilty of the issuing of 

some of the said certificates as charged, but not of all. — 10 yeas. 

"And Messrs. Davidson, Lacoste, Ledoux, and Walker, voted that he 

was not guilty; because they believed that the question could not be 

divided. — 4 nays." 

In the final judgment of this High Court is to be found the following 
resolution in relation to these naturalization certificates : which is copied 
from page 29 of the same official report. 

"The following resolution was read, viz : 

"Resolved, That the Senate in giving their votes upon the articles of 
Impeachment in this case, are not to be considered as expressing, and do 
not intend to express, an opinion as to the right of the parties possessing 
certificates of naturalization, issued from Judge Elliott's Court, to enjoy 
and exercise the franchise of American citizens." 

The yeas and nays were taken on the above resolution, and the result 
was, that — 

Messrs. Bernard, Carter, Downs, Ledoux, Livaudais, Morse, Slidell, 
Sparrow, and Walker, voted in favor of its adoption, — 9 yeas. 

And Messrs. Garcia, Armant, Davidson, Dupre, and Lacoste, voted 
against its adoption. — 5 nays. 

The said resolution was consequently adopted." 

As a matter of law it is a conceded point that these certificates are 
"prima facie evidence of citizenship, and that the inspectors have not or- 
dinarily, any power to enquire behind them ; the Democratic inspectors 
at the recent election, anxious to reject all illegal votes, were willing to 
consider the impeachment of Elliott, and the nineteen certificates by the 
Senate, a justifiable cause to enquire behind the certificates : or, that the 
ballots should be marked, and their contents sent up to some higher tri- 
bunal, there to be passed on, as in Louisiana, in place ot having a court 
of chancery, all the judges have equity power. If there was any error 
committed by the Democratic inspectors, it was in offering to have tested 
the validity of these certificates. Reasonable and proper as this was, 
the whigs pledged themselves before the election to resist it, and insisted 
•>u disfranchising all persons holding Elliott certificates, although some 
<>l" Iheni had been granted year? before the judge had been corrupted; 



(13) 

a judge of their own political faith until about the time of its suiting 
their convenience to complain of him, and then his political fidelity to thai 
cause was questioned. And here they seem to go counter to the ordina- 
ry rule, by professing not to like the traitor or the treason. See the re- 
marks ot the editor of the New-Orleans Bee, of Tuesday, 2d July, 1844, 
in Avhich he says ; " The Whig judges of the election, without excep- 
tion, determinerf io reject THE xoTfs,^ predicated upon the fraudulent na- 
turalization tickets, issued by Judge Elliott, who was impeached and 
turned out of office for his corruption in making them." 

Also, see the conduct of all the Whig inspectors at the recent election, 
and particularly the process verbal of the election in the First Ward, 
Second Municipality, in which the Whig inspector insisted, that all per- 
sons holding Elliott certificates of naturalization should be rejected, and 
he would not listen to any testimony beyond the fact, that they held such 
certificates. 

The folly and injustice of refusing to enquire into the validity of the 
Elliott votes offered at the poll of the First Ward, Second Municipality, 
is sufficiently indicated by the fact, that but five were offered : one of 
which, was for the full Whig ticket, and of the other four, one, if not two, 
might have been rejected ; so that the count would not have varied the 
result at most, more than three, and probably not so many. 

Let an impartial public decide whether or not it was reasonable, 
proper, or just to prejudge the cause, to decree against the rights and in 
terests of any person not before the court, who had not been even cited 
to appear, or in any way been made a party to the proceedings against 
Judge Elliott. 

A criminal who has been indicted by a Grand Jury and convicted by 
his peers consisting of his neighbors, cannot be sentenced until he has 
been brought into Court, and called upon to say why the law should not 
take its course, and the sentence of the Court be passed upon him. 

That a portion of the Elliott votes are fraudulent, and should have 
been rejected, no one -will pretend to dispute ; and the very first one of- 
fered at the recent election at the First Ward of the Second Municipality 
would, had the question been open for enquiry, have been promptly re- 
jected by Mr. Barker if the applicant had not established, to his satisfac- 
tion, his arrival into the United States, to have been before he was eigh. 
teen years of age, — as his " declaration" was not made two years before 
the certificate of naturalization was issued ; but the previous question, 
" was the applicant naturalized by Judge Elliott ?" being the only enqui- 
ry tolerated by Mr. Frcret, and that being answered in the affirmative, the 



(14) 

Vote was by him rejected without further investigation. Under the com. 
promise, the papers were put in for the purpose of carrying up the 
whole question, and these papers established the propriety of an exami- 
nation by the inspectors before rejection, as well as before receiving the 
vote. To say that this apparent defect, of want of a declaration in due 
time, justifies a rejection without enquiry, would be saying to every person 
convicted of an offence that he should have been punished without a trial. 
This doctrine is too monstrous to be commented upon; far better 
would it be to return to that despotism where the king's will, and not the 
testimony in the case, is the standard by which the judges pronounce 
guilty or innocent, or, where the mockery of a trial is dispensed with, 
and the male or female who dares to thwart the view of the ruling dynas- 
ty is taken from his or her bed at midnight, and not permitted to see the 
dawn of another day. 

In the case in question, the apparent defect could, in all probability, 
have been satisfactorily explained. The man had resided in New-Or- 
leans ne2ir\y fourteen years, and from his appearance was not over thir- 
ty years of age : this would have brought him here Ijefoi'e he was eigh- 
teen years of age, in which case the declaration whenever made, was 
sufficient. 

Another of the five persons who offered us an Elliott certificate at the 
same poll, and voted the whole Whig ticket, also arrived in the United 
States before he was eighteen years of age, which of course coming 
under the provision of the law which requires the declaration to be 
made at the time such minor is admitted to citizenship, (if it had not been 
previously made) he was already entitled to a vote — yet, he would have 
been disfranchised but for the compromise between the inspectors, for 
the single reason, that his certificate of naturalization came from Judge 
Elliott. 

It is urged against the Democratic inspectors, that they should not have 
1 ejected good votes, because some were offered that were questionable. 

This has been so often characterized as a fault, and so often refuted, 
that it is scarcely worth while to say any thing more on the subject. So 
"ar as the inspectors of the First Ward, Second Municipality, are con- 
r:erned, no good votes were rejected. 

It having been established that the Whig inspectors had determined to 
; rejudge the case, and not give the applicants holding Elliott certificates 
of naturalization a fair trial, or even any trial at all, but to cut off their 
political head? witlio!it trial or notice, Mr. Barker wished to wash his 



(15) 

hands clear of all participation therein, as evidenced by his letter to 
Judge Maurian, which was in words followmg : 

*' New.Orleans, 1st July, 1844. 

" Hon. Charles Maurian, Judge of the Parish Court. 
" Dear Sir, 

" Unable to have the election conducted according to the re- 
requirements of law, I wish your advice in the matter, and have there- 
fore to ask as a personal favor, your immediate attendance at the Poll of 
the First Ward, Second Municipality, at the St. Charles Hotel, that ano- 
ther may be appointed in my place, in case your explanation of the law 
shoiUd not so enlighten the inspectors, as to induce them to harmonize on 
the proper course to be pursued. 

"With great respect, 

" I am, dear sir, 

" Your obedient servant, 

"JACOB BARKER." 

Judge Maurian, although a gentleman of great merit, and whose po- 
litical faith corresponds with that of the Whigs, could not be found in 
season to prevent some little delay, and when he did receive the letter, 
he would not interfere. Thus circumstanced, Mr. Barker reflised to go 
on until an arrangement could be made to send the whole matter up, as 
in cases of a disagreement between the judges of the U. S. Circuit Court; 
this was accomplished after a few minutes delay and the election went 
on thereafter harmoniously to the satisfaction of all parties. All our 
other courts are so constituted that a disagreement cannot take place 
except in the absence of one, or some of the judges, when the case so 
far from being rejected, is held over for a fiiU bench. Why then require 
a different course of conduct of the inspectors of an election ? 

Those who object to the suspension of an election on the indiscrimi- 
nate rejection of the Elliott votes, should remember that the ballot box 
is a mere divisor by which political power is apportioned by the same 
rule of even handed justice as if the subject matter to be divided, was 
money, ships, merchandize, or lands. 

The moment one good vote is rejected, or one bad one received, the 
proper ratio of all that had been received is lost, and every vote that 
should thereafter be put into the ballot box would change the proportions 
to be awarded to each, not by restoring a just standard of measurement, 
but by establishing a new and unjust rule of division, or distribution of 



(16) 

power : hence the necessity for all just judges to pause, and not advance 
one step in the course of injustice ; if great injury should be the result 
it would be the defect of the laws in not providing a remedy, but not any 
excuse tor the judges to usurp the power of choosing (if you please) the 
lesser evil : they cannot permit the slightest wrong without violating their 
oaths. 

The law ordains that where there is a doubt as to the construction of a 
contract, the doubt shall be taken most strongly against the grantor, in 
favor of him claiming under the grant ; and with regard to the existence 
of a doubt as to the exercise of a right of liberty or franchise by a citizen, 
how immeasurably stronger is the position that the doubt must weigh in 
favor of its exercise by the citizen ! 

The Honorable John McKinley, one of the Judges of the Supren^e 
Court of the U. S.; A.. M. Buchanan, Judge of the District Court, 
Charles Maurian, Judge of the Parish Court ; and Isaac T. Preston, At- 
torney General of Louisiana, have often expressed a decided opinion 
that the Elliott certificates were prima facie evidence of citizenship, to 
sustain which, we have even stronger testimony, the Honorable John 
Nelson, Attorney General of the United States, as also the Supreme 
Courts of the United States and of the State of South Carolina, have 
decided, that certificates in due form from a competent tribunal, were 
conclusive evidences of citizenship until impeached. 

In the contest between Messrs. Slidell and Roselius, some few months 
since, for the seat in the State Senate vacated by the death of the Hon. 
A. Hoa, and which resulted in the return of Mr. Slidell, it Vv'as contended 
that Mr. Slidell was not entitled to the seat, upon the ground that he had 
received a sufficient number of "Elliott votes" to cause his return, and 
they were illegal, fraudulent and void ; and the return was accordingly 
contested. But after a reference of the subject to the Committee on 
Elections, it seems that the contestants dropped their proceeding, and 
Mr. Slidell was unanimously reported as legally elected. 

The Hon. Judge Buchanan of the First District Court had, but a few 
days before the election, compelled a person who held one of these cer- 
tificates, and who had been refused the right of voting in the late mu- 
nicipal elections, to serve as a juror in his court, upon the ground that 
his certificate was complete evidence of the fact of his naturalization. 

Chief Justice Marshall upon the question, says, "The various acts up- 
on the subject, {Naiuralization) submit the decision on the right of aliens 
to admission as citizens, to Courts of Record. They are to receive tes- 
timony, to compare it with the law, and to judge on both law and fact. 



(17) 

The judgment is entered on record as the judgment of the Court. It 
seems to us, if it he in legal form, to close atx inquiry ; and like every 
other judgment to be complete evidence of its own validity." 

Mr. Coxe, one of the counsel who argued the case involving the de- 
cision of the effect of a certificate, makes these remarks: "There is 
great danger in considering these certificates as conclusive, from the num- 
ber of Courts who are authorized under law to issue them. If those 
who are to issue them may omit any of these requisites, they may omit 
all. Persons who have never been in the United States may obtain them. 
Persons may procure them immediately on their arrival here." 

Chief Justice Marshall, in the opinion of the Court, notices this argu- 
ment, lie says : " The inconvenience which might arise from this 
principle has been pressed upon the Court. But the inconvenience 
might be still greater if the opposite opinion be established," and puts a 
strong case, that of an alien acquiring and disposing of property on the 
faith of the certificate whether it could be impeached, and the estate di- 
vested. See 4 Peters, S. S. R. 393. 

Additional evidence in support of the right of persons to exercise the 
privileges of citizenship who hold certificates once issued by a competent 
Court of Record' is furnished in the following case — as reported in 6. 
Cranch's Reports of the decisions of the Supreme Court of the United 
States — pages 176 to 183. This was an appeal from a decree of the 
Circuit Court for the District of Virginia, in the case of Campbell vs, 
Gordon and Wife, dismissing the bill of the complainant. 

Judge Washington, in delivering the opinion of the Court, among other 
things, says: "The object of the bill was to rescind a contract made 
between the appellant and Robert Gordon, the appellee, for the sale of 
a tract of land by the latter to the former, upon the ground of a defect of 
title. The facts in the case, which are not disputed, appear to be as fol- 
lows : The land which forms the subject of dispute belonged to James 
Currie, a citizen of Virginia, who died seized thereof in fee, on the 23d 
of April, 1807, intestate and without issue. James Currie had one 
brother of the whole blood, named William, who, prior to the 14th day 
of October, in the year 1795, was a subject of the King of Great Britain, 
but who emigrated to the United States on the day last mentioned, at a 
District Court held at Suffolk, in Virginia, took the oath prescribed by 
the Act of Congress, for entitling himself to the rights and privileges of 
a citizen. At the time when this oath was taken, William Currie had 
one daughter, Janetta, the wife of the appellee, who was born in Scot- 
land. She came to the United States in October, 1797, whilst an infant, 
during the life of the father, and hath ever since continued to reside in 

C 



(18) 

the State of Virginia. William Currie died prior to the 23d April, 1807. 

The Counsel for the Appellant (Campbell,) contended, among other 
matters, that William Currie ivas not duly naturalized, inasmuch as the 
minutes of the Court did not set forth that all the requisitions of the 
Acts of Congress had been complied with ; and that his certijicate of 
naturalization was defective, because it only showed that he ap])eared 
•'in open court in order to entitle himself to the rights and privileges of 
a citizen, made oath," &c., and did not express upon its face that he 
WAS admitted a citizen — or, that the Court was satisfied of his moral 
character, &;c., during the time he had resided in the United States prior 
to his admission. 

Judge Washington then goes on with the opinion of the Court, and 
says — " It is true, that this requisite to his admission is not stated in the 
certificate; but it is the opinion of this Court, that the Court of Suffolk 
must have been satisfied as to the character of the applicant, or otherwise 
a certificate, that the oath prescribed by law had been taken, would not 
have been granted.*' 

•' It is unnecessary to decide whether, in the order of time, this satis- 
faction, as to the character of the applicant, must be first given, or 
whether it may not be required after the oath is administered ; and, if 
not then given, whether a certificate of naturalization may not be with- 
held. But if the oath be administered, and nothing appears to the con- 
trary, it must be presumed that the Court, before whom the oath was 
taken, was satisfied as to the character of the applicant. The oath, 
when taken, confers upon him the rights of a citizen, and amounts to 
a judgment of the Court for his admission to those rights. It is, there- 
fore, the unanimous opinion of the Court that William Currie was duly 
naturalized." 

'J'he law thus expounded was to be trampled under foot, and the 
leaders of the Whig parly of New-Orleans confederate to deny all en- 
quiry as to the validity of the Elliott certificates, and threaten to ex- 
clude THEM BY FORCE, by the shedding of human blood, — by throwing 
their fellow-citizens in the river, &c., &c. — at the same time profess- 
ing to be the friends of law and order ! 

In coming to such a conclusion these men should consider which party 
has the most to lose, by such a conflict ; that as to numbers, the two par- 
ties are about equal — that the Democratic party, more accustomed to la- 
bor, could sustain the severe exercise of a regular set-to much longer than 
those accustomed to pass much of their time in adjusting their toilet, and 
that it is more easy to raise, than to repress a riot. However, the public 
have nothing to fear on this head— the Democratic party, content with their 



(19) 

reputation for prowess, have no appetite for ulood, or for the river, and 
will combat their opponents lirmly, yet with kindness, with sound argu- 
ment and logical conclusions, relying on the institutions of their country 
to sustain their legal rights, however much individual members may fall 
back on their inherent rights of repelling aggression, and of chastising 
tlie aggressor. 

And because the Democratic Inspectors refused to carry out the usurpa- 
tions of these men, they are endeavoring to overwhelm some of them 
with criminal and civil prosecutions : accusing such Inspectors of having 
in the most reckless manner, disfra.nchised native horn citizens. 

I did not as a party man accept the office conferred on me by a Whig 
judge, but to do justice to all alike, whether Whigs or Democrats. 

I was born a Democrat, and expect to die one : and when the country 
required my services, the whole people of the United Stales know full 
well that I was not backward in displaying my zeal in her cause. Mr. 
Clay was once the idol of that party — I wish he was so now. If he were, 
and should be elected, it would delight me as much now, as when I was 
younger, to throw up my hat and shout the cry " we have beat, we have 
beat." It is not Mr. Clay we fear, it is those men who, we apprehend, 
^vill of necessity sway his councils if he be elected, as in all governments 
the power behind the throne is greater than the throne itself. That 
magic word we— not they, you, or I, — have beat, is peculiarly fascinat- 
ing in political strife : the joy at the announcement of victory is greatly 
heightened by the assemblage of thousands to share therein when it is 
proclaimed. 

With Mr. Clay, I say if a majority of the people are in favor of a na- 
tional bank, let there be one established, but not otherwise ; and I may 
add, if a majority of persons entitled to vote are in favor of electing him 
to the presidency on a fair issue, let him be elected ; but not on a false is- 
sue. 

The Whigs charge the Democrats with having stolen from them the 
" one term presidential principle," and are constantly reiterating the 
charge. They are in error, for in 1825, the Democrats held a public meet- 
ing in the Twelfth ward of the city of New-York, where it was 

Resolved, That the Constitution required such an alteration as would 
render all persons elected to the Presidency ineligible to fill that office a 

SECOND TERM. 

At the same meeting the Hero of New-Orleans was nominated for the 
Presidency, to succeed John Quincy Adams, and this was the first nomi- 
nation of General Jackson after the election of Mr. Adams ; and at the 
same meeting the Hon. Ambrose Spencer, (who threw his great talents, 



(20) 

zeal and energy of character in the support of the glorious war of 1812) 
was nominated as the Democratic candidate for the Vice Presidency ; at 
that meeting the writer officiated as Chairman, and Mr, Henry Stouten- 
berg, a blacksmith, officiated as Secretary. 

Mr. Clay, if elected, will make a good president, at all events, there 
are so many checks and balances that no great evil could result if a 
president should be elected who did not correspond in opinion with the 
people ; their immediate representatives in Congress holding the helm, 
would keep the ship steady. 

When the war of 1812 was over, I perceived very many men who had 
been vanquished from, the political field, at great labor and expense, pre- 
ferred for places of profit and honor to those of more virtue, intellect 
and fitness for the stations ; men who had been martyrs in the good 
cause, although not perhaps so great a proportion as Mr. Clay intimates 
in hi« great speech on the 13th April last, at Raleigh, N. C. This, toge- 
ther with the necessity I was under to confine myself to business for the 
support of my family, induced me, except on great occasions, to refrain 
from intermeddling with party politics, until the Native American Party 
sprung up in the city of New-York; The church burnings and murders 
in Philadelphia ; the apparent disposition of the fanatics in the 
North, urged by Great Britain, to interfere with the institutions of the 
South ; and the opposition to the annexation of Texas, induced me 
again to take some part in public aff'airs — which I find very difficult 
to do, without interfering with the political views of some of the leading 
men who supported their country in the hour of its utmost need, and as 
became statesmen and patriots — as did Mr. Clay, Van Buren, and Cal- 
houn, against whom I can never be induced to think or say aught. 

Mr. Clay's speech, at Raleigh corresponds in its important features 
with the opinions uniformly expressed by me, and from which I do not 
depart to please or to oppose any party. If the opinions of any individual 
are sound, it is far better for a party to adopt them than for him to yield 
those opinions, to. error. 

I conceive that the framers of the Constitution, when they prohibhcd 
States from issuing letters of credit, and gave to Congress the exclusive 
right of coining money, and regulating commerce, intended to prohibit 
the States from granting incorporations with power of issuing bank 
notes. Be that as it may, experience has proved that State banks, 
spread all over the nation, usurping the power of issuing paper with- 
out redeeming, or the ability to redeem such paper, are very pre- 
judicial to the public good, and that we should, at every cost get clear 
of them. Aware of this feeling, those interested set up the cry against 



(21) 

the United States Bank, which, aided by the arrogance of Mr. Bid- 
die in attempting to dictate terms for its renewal, applying the money 
power to political pui-poses, finally overthrew the U. S. Bank. Mr. 
Van Buren perceiving the trick, and that these men were not in 
reality hostile to a National Bank ; and that they opposed it for the 
double purpose of leading off public indignation from their oAvn wrongs, 
(as the lightning rods lead off the electric fluid) and for the purpose 
of getting hold of tlie public treasury, — recommended the Sub-Trea- 
sury and Specie Circular, in my opinion, in the absence of a National 
Bank, two of the wisest and best measures ever adopted, by any govern- 
ment, notwithstanding Mr. Clay's opinion to the contrary. These 
measures separated the money of the nation from the local banks, and 
left them to fall back on their own resources and die from their own in- 
firmities, as most of them have done, and as others would have done 
had they not again got hold of the public money by the repeal of the 
sub-treasury and specie circular laws. Thus circumstanced, these state 
banks determined to break down Van Buren, and with him the sub- 
treasmy and specie circulars. To effect which they become the furious 
advocates of a national Bank, by which means they succeeded. 

Mr. Clay noi suspecting their designs, as soon as the Harrison Con- 
gress met, advocated the repeal of the sub-treasury, and the establish. 
ment of a National Bank, by two separate bills. Knowing the designs 
of these men, I addressed a letter to Mr. Clay, and another to our im- 
mediate representative the Hon. Edward D. White, intorming them that 
to get a bank charter it would be necessary to withhold the repeal of 
the sub-treasury until the bank 1)ill had passed, or to put a clause in the 
bill for the establishment of the Bank repealing that law ; otherwise no 
bank could be chartered, — that the repeal would of necessity place the 
public money back into the state banks, and that these money changers 
would not allow it to pass from them again, by the establishment of a 
National Bank ; that they knew how to defeat the bill, that it would be 
done. Mr. Clay did not perceive the force of this suggestion, and Con- 
gress went on to repeal the sub-treasury. Immediately after which the 
bank bill was defeated ; and now judging from his Raleigh speech, ho 
has become thoroughly convinced that the money power is at work against 
the establishment of a national bank, for he says : 

"Where, exclusive of those who oppose the establishment of a bank 
of the United States upon constitutional grounds do we find the greatest 
opposition to it ? You are, fellow citizens, perhaps not possessed of in- 
formation which I happen to have acquired. The great opposition to a 
Bank of the United States will lie found to arise out of a foreign influ- 



(22) 

cnce, and may be traced to the bankers and brokers of Wall street in 
New York, who are wieldmg a foreign capital. "Foreign powers and 
foreign capitalists see with satisfaction whatever retards the growth? 
checks the prosperity, or arrests the progress of this country. Those 
who wield that foreign capital find, from experience, that they can em- 
ploy it to the best advantage in a disordered state of the currency, and 
when exchanges are fluctuating and irregular." 

I think if Mr. Clay should be elected, he will find these men too 
powerful for him, unless some of the Democratic members support a bill 
for the establishment of a National Bank. If I were in Congress I 
would vote to establish a National Bank at Washington under the 
supervision of Congress, with branches in such states as would consent, 
although it would greatly injure the particular business in which I am 
engaged. Had Congress passed a bill establishing a national bank at 
Washington with branches in consenting states with suitable restrictions, 
the Democracy would have preserved its preponderance, and Mr. Van 
Buren would have been re-elected by acclamation. He chose to be a 
martyr to a mistaken notion of his country's good : so far as he was con- 
cerned, he had a right to make this sacrifice and deserves all praise for 
his disinterestedness. But I cannot believe in the policy of throwing 
away the preponderance of the party which had been won afler a fight 
of some twenty years, and preserved at the expense of vast untiring labor 
for the purpose of carrying out an imaginary principle, that of the consti- 
tutionality of a bank which I consider visionary. 

But this was done without any selfish motive, and with a full knowledge 
that it might lose him every thing, and could not by possibility gain him 
any thing, other than the lasting reputation of having acted a conscien- 
tious and disinterested part. 

I say, if in Congress, I should vote for a bank, I should do this from a 
conviction that the public good requires that the public Treasury should be 
separated from the local banks, and that we cannot get clear of the local 
banks in any other way than by the establishment of a national bank ; and 
further, it is my opinion that I)ank facilities cannot be dispensed with al- 
together, without occasioning greater evil than that to be remedied by 
their total disuse. 

As for the regulation of the currency, Banks are useless as the ex- 
perience of the last few years have abundantly proven. Specie is the 
best and only proper regulator — leave that, and }^our ship is afloat on 
troubled sea, without rudder or compass. 

'i'ho Principal advantage to bo anticipated from a National Bank, in 
addition to' conducting the finances of the Nation, is, that it will, from its 



(23) 

stock, deposites and circulation, furnish a capital of two hundred millions 
of dollars to be incorporated with the industry, enterprize and intelli- 
gence of the community, and used in every part of the nation, as a me- 
chanic uses his tools to make his labor productive. If the advocates of a 
National Bank will first return to the Sub-Treasury, or adopt some other 
system of finance which will remove the money of the nation from the 
local banks, and prevent all further collections from passing into their 
hands, from being invested in Bank Notes, but paid out in specie, pur- 
suant to appropriations by Congress — a National Bank charter may be 
granted. Until then, I have no expectation of seeing such an estab- 
lishment. 

As to the Tariff, if I understand Mr. Clay's Raleigh speech, his for- 
mer opinions about a protective Tariff are modified by a change in the 
condition of the Country, and growth of our manufacturing establish- 
ments, down to a discriminating Tariff — no mere than sufficient to con- 
duct the Government in the most economical manner, and to bring and 
keep the Nation out of debt. This is what I have always contended for, 
and is the true Democratic creed. I disapprove of the compromise act 
as much as I do a protective Tariff. Most people consume tea, coffee and 
sugar : the quota applicable to the three, is now as it should be — derived 
from sugar alone which protects the sugar-planter without imposing any 
burthen on the consumer. The duty is not any higher than it was for- 
merly imposed for revenue ; and all know that the importation of tea and 
coffee, free of duty, does not interfere with any branch of domestic in- 
dustry, lu the attempts made by the last Congress to remodel the Tariff; 
which it is admitted will produce too much money for the proper admin- 
istration of the Government during peace — the Representatives from 
Louisiana were particularly zealous and successful in establishing this 
principle. Mr. Labranche, who was on the committee, was eminently 
successful in getting the anti-Tariff members to agree to 2 cents in place 
of I of one cent, to which it would have been subject had we been 
brought back to the compromise act ; and yet the sugar planters were, by 
false representations, made to believe that he was opposed to the sugar 
duty. While under this delusson his election came on, and the planters 
cast their votes for another, who will find it very difficult to prevent a 
greater reduction than had been as a matter of compromise agreed on in 
the Congressional Committee — time Will test this matter. 

Mr Clay in his speech dwells at some length on the distribution of the 
public lands — such parts as cannot be sold for cultivation should be al- 
lowed to remain quietly forever as the public domain ; but as that cannot 
be hoped for, the sooner this bone of contention is disposed of the better ; 



(24) 

the Western States are populating so fast, that they will soon be strong 
enough to take the whole. It is therefore better for the old States to di- 
vide now, while they can get a fair proportion, than to leave the matter 
open under such circumstances. 

JMr. Clay also refers to Coons, Log Cabins, Hard Cider, and Hickory 
poles, denominating them political jokes. It would have been better for 
that distinguished personage to have left those matters to the songsters 
and porter-house declaimers. He also, in his great Raleigh speech, pays 
a merited compliment to the/air sex', the only objection to this is, that 
he did not say halt enough in their praise ; for they do now, and always 
have, and always will, rule their lords ; — and if Mr. Clay should be elect- 
ed President, he will owe it in a fair degree to their persuasive powers. 

Mr. Clay has made known his opinion on the annexation of Texas. 
A great majority of the South are believed to differ with him in relation 
thereto, while as great a portion of the North correspond with him in 
the opinions he has expressed in relation to Texas. The annexation of 
Texas, being considered by the South important to secure the safety of 
our institutions, guarding them against the infatuation which pervades 
Europe, and a small portion of the North on the subject of slavery ; and 
also important in securing to the Northern manufactures and ship owners 
a sale of their domestic fabrics, and the carrying trade, will be likely to 
have an important bearing on the presidential election. 

In support of this opinion the Chancellor of the Exchequer of Eng- 
land, in announcing the principle that has been determined on by that 
Government for the regulation of the sugar duties, declared the rpgret 
of the ministry that it was not yet in their power to establish the same 
rule, in relation to free, and slave grown cotton ; and by the parliamentary 
debates received by the last advices from England, it will be seen that 
Parliament has adopted this discriminating duty on sugar, in favor of that 
made in non-slave-holding countries. 

There is, however, another question of far more vital importance to 
civil liberty than the Bank, Tariff, Distribution, or the Texas ques- 
tion, which is, that our doors be kept wide open to the admission of 
those who may fly from the oppression of foreign governments. 

We must teach our children, as our fathers taught us, to consider this 
"the land of the free, and the home of the brave." 

The late alarming organization of Native American Societies, the sel- 
fish and unjust sentiments they promulgate, and the lawless acts of violence 
perpetrated by these men, should induce every citizen in the United 
Slates, whether he be Whig or Democrat, to lift up his voice against 
ALL SUCH PISTINCTIONS. They should withhold their political support 



(25) 

from all those who sow the seeds of discontent: should meet their 
hostile proceedings iirinly, yet mihlly, and with a return of kindness, 
"doing good for evil," subduing their angry passi >ns by killing them 
witii kindness ; follow the example of that pure patriot, Thomas Addis 
Emmett, against whom the blaclc coats combined very soon after he 
landed on our shores, and while he held fast on his political integrity, he 
pursued such a course of amiability and generosity towards his perse- 
cutors, that his capacity to sustain their legal rights in Court, his great 
learning, his eloquence, and many virtues, soon won his way to their 
hearts — their roast beef — their turtle soups, and Madeira wine ; but, 
at the same time withhold from the advocates of mob-law, as well 
as from those who endeavor to make any other distinction among citi- 
zens than that which arises from intelligence and virtue, — all political 
SUPPORT, and in no case add to their political power uxtil, they shall 

LEARN TO RESPECT THE LEGAL RIGHTS OF NATURALIZED CITIZENS, and 

yield to those who may yat flee from the tyrant's grasp, the requirements 
of humanity and benevolence. 

And while the adopted citizens should resist with their votes all at- 
tempts at exclusion or proscription, they should b3 slow to accept office ; 
and by abstaining from seeking for themselves places of distinction, allay 
as much as possible all cause of jealousy, thus augmenting their power 
of decidino" between rival candidates among Natives. O.hces are not 
worth having — the incumbents are slaves, liable to be turned out when- 
ever it shall suit the caprice of the appointing power, or whenever they 
cease to administer to the appetites of those of the party whose influence 
elevated them to place ; and further, all experience tells us, that when 
office holders leave their places they are more dependant, and less capa- 
ble of supporting themselves and their families than they v/ere when they 
took office. 

All attempts to exercise the elective franchise without being qualified, 
should be punished in the most exemplary manner ; while every attempt 
to deprive those who are duly qualified, from the exercise of their lawful 
rights, should be resisted by all — both Whigs and Democrats. 

Every efTort should be made by all good citizens to induce those who 
hold the Elliott certificates to provide themselves with certificates from 
other courts, before the Novrmber electiov, wherever the paooF of 
the '^'^ timely declaration,'''' and five years residence, shall be in this 
State. This will reduce the Elliott votes to so small a number that they 
can be investigated at the polls, v/ithout retarding the election. 

It has been urged by the Whig press, and in general conversation, that 

all those who hold valid Elliott certificates can have them renewed with- 

D 



(26) 

©ut trouble or expense, by applying to either of the three judges who 
have so generously advertised to aid in the good cause ; and if any should 
not have them renewed, they ought to lose their votes. The fallacy of 
this proposition will be seen by looking at the case of Henry Cortjohn, 
who was one of the five who offered to vote in the First Ward, Second 
Municipality, at the recent election. 

Determined not to have his vote again questioned, he resolved to apply 
to one of the three judgjes, and was told that evidence of a declaration of 
his intentions to become a citizen must be established to have been two 
years prior. This evidence was filed in the City Couift of Lafayette at the 
time he obtained his naturalization papers — he accordmgly repaired to 
that city to reclaim the document, he was told that the jiulg' who re- 
tained it was out of office, and that the document could not be found. 
Not satisfied with being thus repulsed, he made a second journey to Lafa- 
yette, when, after a diligent search the document was found, and estab- 
ished that necessary declaration, which was made before the Circuit- 
Court, at Mobile, on the 5th December, 1840, and is in words and figures 
following: 

" The State of Alabama, ? ^. ^ „ „ r^ 

..,.,,, I Circuit Court — Fall Term, 1840. 

Mobile County. 3 

"Before the Honorable William Hale, Judge of the said Circuit Court, 
the same being a Court of Record, having a common seal, and exercising 
law and equity jurisdiction in and for the county aforesaid." 

" Be it remembered that at a term of the said Circuit Court begun and 
held in the (Jity of Mobile, for the County and State aforesaid, on the 
first Monday after the fourth Monday of October, A. D. 1840, personal- 
ly appeared in open Court, on the second day ot Xoveraber, in the year 
of our Lord one thousand eight hundred and forty, one llt;nry Cortjohn 
who upon his solemn oath did depose and say that he is a native of 
Germany, now residing in the County of Mobile, that he has been in the 
United Slates five and a half years, is aged twenty-five years, or there- 
abouts, and that it is bona fide his intention to become a citizen of the 
United States, and t) renounce forever all allegiance and fidelity to any 
foreign Prince, Potentate, or Sovereignty whatever, and particularly to 
the King of Hanover." 

^,,_^,^ " In testimony whereof I have hereunto set my hand and 
< ) affixed the seal of said Court, at Mobile, the fifth day of Pe- 

c ' S cember, in the year of our Lord one thousand eight hundred 
and forty. 

(Signed,) M. J. McRAE, Clerk Circuit Court. 



^•27) 

" Tlie State of r.ouisiaua. 
City Court of the City of Lafayette. 
I, VViiliam A. High, Clerk of the City Court of the City of Lafa- 
yette, do hereby certify that the foregoing is a true copy of declaration 
of He.iry Cortj jhn, made in Alobile County, State of Alabama, and filed 
in this Court." 

^^^^^^ " [n witness whereof I have hereunto set my hand and af- 
C ^ fixed the seal of said Court this 16th day of July, 1844. 

l '^' S (Signed,) " W. A. HIGH, 

"^^ Clerk. 

This document the Court refused to give up, and furnished an exem- 
plified copy thereof under its seal, at the expense of one dollar to the 
poor man. He then employed counsel to assist him, who applied to the 
Parish Court, where the papers were rejected on the ground that Mr. 
Cortjohn must procure the original evidence o( declaration, and that the 
Lafayette Court had not any authority to furnish an exemplified copy. 
The next step was for Mr. Cortjohn to send, or go again to Lafayette, 
and endeavorto induce that Court to restore to him this evidence of 
timely declaration. In eff'ecting this, his own exertions having proved 
unavailing, he employed a friend whose general knowledge and position 
was more likely to succeed. That friend went to Lafayette, had an in- 
terview with Mr. High, the clerk, who readily shewed him the original 
document, but stated that he had no authority to allow it to be withdrawn, 
from the Court without the approval of Judge Carrigan, who was tempo- 
rarily absent. Should Mr. Cortjohn ultimately succeed in obtaining the 
restoration of this document, he will, before he can get this certificate re- 
newed, have to find tvi^o American citizens who have known him to be a 
resident of the United States for five years, of good moral character, and 
attached to the institutions of the country ; and however true all this may 
be, Mr. Cortjohn may not be able to find two such witnesses, as, in a cli- 
mate like ours, subject to yellow fever, the population from other states, 
where he has resided a part of his time, undergoes very material changes 
in that length of time ; hence it is not so easy a matter to get new cer- 
tificates of naturalization as many would, at first blush suppose ; and a 
great hardship to require it of those who have already furnished such evi- 
•lence, and have procured a valid certificat& of naturalization. Yet this 
should not deter any from making the effort. 

Since writing the preceding, further applicatian has been made to with- 
fh-aw certificates of declaration of intention, &c. tobecome citizens— and 
with what efTect will appear by the following motion and certificate of 
the now presiding Judge. 



(28) 

" To the Honorable John N. Carrigan, Judge of ihe City Court of the 

City of Lafayette. 
"Jacob Barker, counsel of the undersigned, being instructed by Judge 
Maurian of the Parish Court of Orleans, that the original papers as de- 
signated, are necessary to be used in the said several cases — makes ap- 
plication to the judge of said City Court for the original declarations of 
intention &c. filed in said court by the undermentioned persons, on their 
being admitted to the rights of citizenship by B. C. Elliott, late judge 
of said Court" viz : 

Edward Wliite, Thomas Kelly, 

John Clarkson, Henry Cortjohn 

Charles W. Bardels, Henry Ocker, 

James Murphy, Patrick Cowan, 

John Molumby." 

The following reply was received ; 

The undersigned, believing certified copies of said papers all that the 
law requires, cannot send up the originals without a special order of the 
Superior Appellate Court. 

"Signed. JOHN N. CARRIGAN, Judge. 

.When contemplating the difficulties of getting an Elliott certificate re- 
newed, the reader should not forget the confederacy to deprive all 
those holding certificates of naturalization from the City Court of Lafa- 
yette of the right to vote, and this too without trial, — without pi oof, — 
and without enquiry, although many of them were naturalized yeais 
before the aforesaid corruption took place. 

It should be remembered that foreigners by birth fill the ranks of our 
army, and man our ships, and that in case of war they would form a material 
reliance ; that they perform the greatest portion of the labor of the 
nation, that it is they who have dug our canals — constructed our rail- 
roads — built our cities — and cleared and now cultivate our lands; travel 
through the whole Western Country and see of whom the laborers are 
composed; ihey literally are the " hewers of wood and drawers of water," 
for the natives; and, is the small boon of naturalization after a residence 
of five years too much for such manifold advantages 1 Those persons 
come here to pass their lives, intermarry with natives, intending to use 
among us the fruits of their labor, and for their bones to bleach the same 
fields with those of the natives, and not like birds of passage fiee to the 
land of their nativity with all their substance as soon as they have ac- 
quired enough to make them comfortable. Northerners who come here 
with that view should be slow to complain; how much more reason have 
the Creoles to complain of their innovations on their business — their 



(29) 

religion — anil their customs ; — more dissimilar in language, complexion 
and habits, than the foreigners and natives of the original states, who 
are not slow to accept of offices of profit and honor, although some of 
them are afraid to ally themselves to, and become part and parcel of 
Louisiana, by remaining here in defiance of Yelloio Jack. 

This feeling against intruders was, at the last election, tvu'ned against 
the Second Municipality with tremendous effect. How do these men 
like the proscription which was then practised by the Creoles — not a 
native of either party elected from the Second Municipality to the Legis- 
lature, Convention, or Congress. 

If foreigners generally, on their arriving in the United States had em- 
braced the political and religious faith of the Whigs, we should not 
have hoard any thing of "Native American Societies," or of church 
burnings. 

The period was originally two years' residence before naturalization ; 
it was extended in 1795 to five years, and in the " reign of terror" dm-mg 
the existence of the alien and sedition law, 1798, the elder Adams then 
President, it was further extended to fourteen years. On the character of 
these laws the election of Jefferson was placed when the democracy of the 
land nobly triumphed and swept away the alien and sedition laws, and in 
1802 under their first administration, Jefferson being President, they reduc- 
ed the period to five years, which was the longest period under the great 
and good Washing'^cn, and where it has ever since remained ; and will 
the sons of those brave warriors who won that nolile victory in fiivor of 
civil liberty, disturb the ashes of their worthy sires by proving reckless 
to their principles, recorded in Heaven. Let this never be said of an 
American born. Very many honest Whigs are deceived by their leaders ; 
those who believe that there is any sincerity in the cry set up 
against foreigners, are mistaken, it is among other things a cun- 
ning device of bigots to enlist unsuspecting Democrats against the 
Catholics ; a political device to seduce them fi'om allegiance to their par- 
ly, and we may be told by and by, that it was only a ^^ poJ liical joke,^^ 

If there was any sincerity in these professions, why did they put 
forth foreigners at the last election in this city — and why were 
Messrs. Roselius and Burth not only elected to the Convention, but by a 
stronger vote than the others on their ticket, giving the "natives" of 
their own political party who were on the same ticket, leave to remain 
at home. 

The hostility to foreigners is two-fold, first, because they come heie 
embued with Democratic feelings, and again, because a large proportion 
of them profess the Catholic faith. 



(30) 

Hundreds of thousands of the most hardy, enterprizing and talented 
men of the age, come to the United States annually, to seek their for- 
tunes. More the better, I say, for the good of the country. They spread 
themselves over the whole nation ; lead them to consider themselves pro- 
scribed men and they would become dangerous to the peace, safety and 
union of the Republic. How much better is it for them to be received 
into the bosom of our political family, and taught to believe that we have 
but one cominon interest, and that all should act together in promoting 
the prosperity ol the nation. Twenty-three of these adopted citizens were 
taken in arms, fighting our battles, and sent to London to be tried as trai- 
tors for fig I. ting against Great Britain. President Madison caused forty- 
six British prisoners to be immediately placed in close confinement in 
Ohio, to share the same fate of the twenty-three — blood for blood, and 
two for one. Thus we see that the immaculate Madison knew no dis- 
tinction BETWEEN CITIZENS, whether native or adopted. 

The question of Native and Adopted Citizen should not fee co7i- 
sidered dehateable any more than the slave question is; both auESTioNs 

SHOULD BE CONSIDERED SETTLED ; TO AGITATE EITHER, ALIKE TREA- 
SONABLE. 

New-Orleans, 27th July, 1844. 



The great haste with which the article was prepared by the writer of 
this, and published at the close of the election at the moment of excite- 
ment, occasioned some trifling inaccuracies. Its republication in a cor- 
rected form seemed, therefore, to be called for, and it is now added to 
these pages. 



TO THE PUBLIC. 



THE ELLIOTT VOTES. 

The circumstances attendant on the recent election having become the 
Subject of public discussion, it is important that the precise facts of the 
case should be known. I therefore have to request a perusal of the re- 
turn made by the Inspectors for the First Ward of the Second Munici- 
pality, a copy of which is hereunto annexed. 

It having been generally reported that the Whig Inspectors had agreed 
not to receive the votes of persons holding certificates of naturalization 
issued by Judge Elliott, I called upon James P. Freret, Esq., my asso- 
ciate to superintend the election, the day previous, to know if he had de- 
termined to reject such votes without enquiry as to their validity. His 
reply was that he had so determined, and that he would not listen to any 
arrangement or compromise in relation thereto. 

I considered it my imperative duty to refrain from prejudging any case 
which might be presented to the Inspectors for their decision, aud com- 
municated those opinions to the Democratic citizens of the Ward, notify- 
ing them of the determination of Mr. Freret, and that it would not be in 
my power to receive any vote objected to by him, however well the vali- 
dity of the certificate might be established. 

Having received my appointment from the Hon. Charles Mauria», 



(32) 

Judge of the Parish Court, to whom the return of the election was to he 
made, I considered it proper for the Inspectors to be guided by his opin- 
ion on all law points which might be presented, and about which they 
might differ; and in case my associate would not yield thereto, I felt 
compelled to resign- my office, that I might not be an obstacle to the re- 
ceipt of the vote of any citizen legally entitled to the elective franchise. 

Entertaining such opinions, I addressed a letter to Judge Maurian, in 
words following : 

" NEw-ORLEA^^s, 1st July, 1844. 

"Hon. Charles Maurian, Judge of the Parish Court. 

" Dear si7- — Unable to have the election conducted according to the 
requirements of law, I wish your advice in the matter, and have therefore 
to ask, as a personal favor, your immediate attendance at the Poll of the 
First Ward, Second Municipality, at the St. Charles Hotel, that another 
may be appointed in my place in case your explanation of the law should 
not so enlighten the Inspectors as to induce them to harmonize on the 
proper course to be pursued. j 

" With great respect, 

" I am, dear sir, 

" Your obedient servant, 

'•Jacob Barker." 

I made great exertion to have this letter placed in the hands of Judge 
Maurian early in the day : not being successful, I agreed to such a course 
of proceeding as is detailed in the return of the Inspectors, and as, in my 
opinion, would be most likely to counteract the effect of the aforesaid 
determination to prejudge the cases to be tried, and such as Avould 
facilitate the election, secure to all the free exercise of their elective 
franchise, and consign to rest hereafter the question as to the legality of 
the Elliott votes, and at the same time to enable Congress, the Con- 
vention and the Legislature, to have the whole matter before them, so as 
to decide advisedly on the qualifications of all persons claiming to have 
?)een elected. In the latter I think I have succeeded, although there 
were but five Elliott votes received — one of which was for the entire 
Whig ticket, and the other four the entire Democratic ticket. It however 
remained to be seen when the action of those bodies shall be had on the 
matter. 

I do not know of any law requiring the production of naturalization 
papers ; as to other qualifications, the oath of the voter is deemed to be 
sufficient ; and if sufficient as to the requirements of a law in one case, 
why not in all ? and if not in all, who has the power cO make a difference 



(33) 

unknown to the law? The penalty for perjury relied on for protection 
and the fear of delay in conducting elections, has induced our law-makers 
to yield to the argument of convenience in not interposing any other 
restriction ; and are we to be told that the oath of a French, a German 
or an Irish citizen is not entitled to the same faith as if born in New- 
Eno-land, when the oath of the latter, without a certificate, is taken to be 
satisfactory evidence of his having become a citizen of Louisiana by the 
years residence required by the Constitution. 

Those persons who approve of my associate's having placed in the bal- 
lot box the vote of Mr. Kelly, in defiance of my positively expressed will, 
should remember that I had the same right to have placed in the ballot 
box the Elliott votes, in defiance of his positively expressed will. Had I 
done so, what would have been the public opinion? 

If the refusal of one Inspector to receive a vote presented, disposed of 
the question as to that vote, how does it happen that the refusal of ano- 
ther Inspector to receive another vote presented, did not equally dispose 
of the question as to that other vote ? — in place of which it is claimed, 
that while the refusal of one rejected the vote and disposed of the ques- 
tion, the refusal of the other conferred the right on a single Inspector to 
deposite the ballot in the box in defiance of the other. 

It seems to me that the rule, to be sound and tenable, should work both 
ways. 

How far the putting Mr. Kelly's vote into the ballot box may vitiate 
the whole election, is yet to be decided. Should such be the result, 
those who so boisterously urged the Inspector to put in that vote will have 
to thank themselves, and may perceive the impolicy of intermeddling in 
a clamorous and fi-antic manner with the duties of public officers, who 
should be left to act calmly and considerately, on the responsibility of 
their oaths. 

It will be seen by the proces verbal, that I did not object to the im- 
peachment of any Elliott certificate presented, or that might be present- 
ed ; all I contended for was, that without evidence they could not be 
deemed fraudulent. 

The naturalization papers retained were not investigated or read by the 
Inspectors until after the polls closed ; beyond the fact of their having 
been issued by Judge Elliott, no evidence was adduced that they wer« 
a part of the 1748 enquired about by the Senate, or of the nineteen im- 
peached. 

Mr. Conlon, about whose vote the first difficulty arose, had resided in 
this city about fourteen years, and had been, as he apposed, legally na- 
turalized by Judge Elliott. Suppose he had purchased an Americn ship, 



(34) 

and taken out a register iii his own name, would a just public allow 
that ship to be forfeited as belonging to an alien, without allowing the 
validity of the certificate to be investigated ? If not, they would not al- 
low his citizenship in any case to be impeached without proof and with- 
out trial. 

JACOB BARKER, 



INSPECTOR'S RETURN, 

New-Orleans, St Charles Hotel, 1st July, 1844. 
The Poll for the Election to he held this day for the First Ward of the 
Second. Municipality ; 

The Poll was opened under the inspection of James P. Freret, and 
Jacob Barker, Wm. C. Auld Secretary, at ten o'clock, and all the legal- 
ly qualified voters who offered for about one hour were received, whert 
Stephen Conlon presented himself and demanded the right to vote, his na 
turalization papers having been issued by the City Court of the City of 
Lafayette, over which Judge Elliott presided at the time ; his vote was at 
the time objected to, when the following proceedings took place. 

Stephen Conlon presented himself, and claimed the right to vote : his 
right being challenged, the oath was administered — ^he swore that he had 
resided in the State for one year immediately preceding the election, su- 
peradding that he had been a resident of the city of New-Orleans for 
nearly fourteen years, that he had resided in the ward six months imme- 
diately preceding the election, that he had paid a tax to the State within 
the last year, and being asked if he was an adopted citizen of the Uni- 
ted States, said he was, and presented the papers hereunto appended, 
marked A. and B. ; whereupon James P. Freret, Esq., one of the Judges 
of election, objected to receiving the same, and Jacob Barker, the other 
Judge, insisted on its being received, and proposed to hear any evidence 
going to its impeachment, that might be offered ; — whereupon Mr. Freret 
stated that it had been impeached by the Senate of Louisiana, that he 
would not listen to any testimony beyond that his certificate of naturali- 
zation was from Judge Elliott. Mr. Barker denied that it had been im- 
peached, and demanded proof. The said Stephen Conlon being further 
interrogated whether he had paid a tax to the State within the last six 
months, answered affirmatively, and rcferredto a receipt in his possession 
to ascertain the date of payment ; Jas. P. Freret requested to see it, and it 



(35) 

was handed to him — objected to on tlie ground ot" erasures — it was atler- 
wards handed in and appended, marked C. Mr. Barker proposed to 
mark on the back of the vote, " Elliott," and put it in the box, and in the 
certificate of returns to set forth all the facts of the case, that it might 
come before a higher tribunal to be acted on, which Mr. Freret positively 
refused, and the vote was not put in. 

Signed. JACOB BARKER. 

JAMES P. FRERET. 
Signed. W.ir. C. Auld, Secretary. 

Paper marked (A-) 

The State of Louisiana — City Court of Lafayette — Be it remembered> 
that Stephen Conlon, late of the United Kingdom of Great Britain and 
Ireland, appeared in the City Court of Lafayette on the 28th day of 
June, 1843, and declared on oath in opan Court that it was bona fide his 
intention to become a citizen of the United States, and to renounce 
forever all allegiance to every foreign Prince, Potentate, State or 
Sovereignty whatever, and particularly to Victoria, Queen of Great 
Britain and Ireland. 

In testimony whereof I have hereunto set my hand and affixed the 
seal of said Court, at the city of Lafayette, this 28th day of June, 1843, 
and of the Independence of the United States the 67th. 

Signed, A. PHELPS, Clerk. 

Paper marked (B.) 
United States of America — the State of Louisiana — Parish of Jef- 
ferson — City Court of the City of Lafayette — To all to whom these 
presents may come, greeting : Whereas, at the C ty Court of Lafay. 
ette, held in the City of Lafayette, this eighth day of September, Anno 
Domini one thousand eight hundred and forty-three, and in the sixty- 
eighth year of the Independence of the United States of America, 
Stephen Conlon, late of the Kingdom of Great Britain, came and 
appeared in said Court, and made application to be made a citizen of the 
United States ^of America ; and having complied with all the conditions 
and requisites of the acts of Congress in such cases made and provided, 
for establishing an uniform rule of naturalization, and the oath to support 
the Constition of the United States of America, and to renounce all al- 
legiance and fidelity to every foreign Prince, Potentate, State or Sover- 
eignty whatever, > eing administered unto him in open court, present the 
Honorable B. C. Elliott, Judge of said Court, he, the said Stephen 



(36) 

Conlon, is, by virtue thereof, and the premises, declared and enrolled a 
citizen of the United States. 

S^Coun^of^Lafayeue^ ^^^ testimony wheroof, I have affixed the seal of said 
tafced. JCourt, at the City of Lafayette, this eighth day of Sep- 

tember, in the year of our Lord, one thousand eight hundred and forty- 
three, and the sixty-eighth of the Independence of the United States of 
America. Signed, A. PHELPS, Clerk. 

Paper marked (C.) 
Received, Parish of Washington, 30th day of January, A. D., 1843, 
of Mr. Stephen Conlon, of New-Orleans, no dollars six cents, in full 
for his Parish and State Tax for 1843, on one-sixth of an acre land 
situate and lying in the Parish of Washington. 

Signed, A. C. BICKHAM, Sheriff and ex-officio 

Collector of Taxes for the Parish of Washington. 

The date, name and quantity (of land) in the aforesaid receipt, appears 
to have been written on erasures. 

Mr. Barker having refused to receive any other vote so long as the 
said Conlon continued at the polls, demanding to have his vote put in, 
in consequence, the preceding process verbal was made. 

Soon after the proces verbal had been signed by the Judges, the said 
Conlon withdrew, and the Inspectors went on receiving all legally quali- 
fied votes, until John Clarkson presented himself to vote ; he was ob- 
jected to for reason that his naturalization certificate had been issued by 
Judge r Uiott. He was duly sworn, and testified that he was an Ameri- 
can citizen, that he had been in the country more than six years, was 
duly naturalized, and that he had resided in the State for one year, and 
in the Ward six months last past, and that he had paid a tax to the State 
within six months last past ; whereupon the ticket was marked Elliott, 
retained at the request of Mr. Barker, but not put into the ballot box, 
whereupon the following proces verbal was made : 

John Clarkson presented his vote under similar circumstsnces as Ste- 
phen Conlon, when similar proof, similar interrogations under oath, and 
similar answers were given by the applicant, with the exception that the 
tax receipt appeared regular and no direct proof of declaration of intention 
to become a citiien, and the applicant stated his residence in the United 
States to have been for upwards of six years, and the Judges came to the 
same decision as they did in the case of Stephen Conlon. 

Signed, JACOB BARKER 

Wm. C. Auld, Secretary. JAMES P. FRERET. 



(37) 

Immediately after the last aforesaid proces verbal had been signed, A, 
D. Kelly, Esq. presented himself and demanded that his vote should be 
received. Mr. Barker objected, alleging that until Mr. Clarkson's case 
had been concluded, no other could be considered. Mr. Freret insisted 
that he would receive it and put it in the ballot box on his own responsi- 
bility, whether Mr. Barker consented or not. Mr. Barker said he would 
not oppose any physical force to prevent him, but that if he did so, he 
could not sign the certificate that the election had been conducted accord- 
ing to the requirements of law ; whereupon the Judges made and sub- 
scribed separate statements, filing them with the Clerk, viz : 

A. D. Kelly presented himself and claimed to vote. James P. Fre- 
ret, Esq. considered it a good vote, and wished to put it in the box. Mr. 
Barker objected, considering the question, while the Inspectors had un- 
der consideration the application of John Clarkson, who continued at 
the polls, demanding that his vo e should be put in. Mr. Kelly deman- 
ded oi Mr. Barker to know if he did not consider him entitled to vote. 
Mr. Barker said that he had no other answer to give him than the pro- 
ceeding, adding at the same time, that he had a perfect conviction that 
Mr. Kelly had a right to vote as soon as the other case was disposed of; 
whereupon Mr. Freret said he would put the vote in on his own respon- 
sibility. Mr. Barker stated that he should not oppose his doing so by 
force, but he could not certify the election when it was over, as having 
been legally conducted. Signed, JACOB BARKER. 

Wm. C. Auj.d, Secretary. 

The above is the individual statement of Jacob Barker, one of the In- 
spectors of election. 

In reply to it, James P. Freret, the othb Inspector, declares that he 
did not consider as alleged by Jacob Barker, that any question was under 
the consideration of the Inspectors at the time that \. D. Kelly presented 
his ballot to the Inspectors; that it is true that just before Kelly presented 
his vote, the question as to the right of an individual to vote under a cer- 
tificate from Judge Elliott, had arisen, but in my opinion, that question 
had been disposed of. 

The Inspectors had differed in relation to it, and had noted that differ- 
ence in their proces verbal, as will appear from tlie minutes of the clerk; 
Jacob Barker givmg the opinion in writing that the Elliott vote was good, 
and J. P. Freret giving his opinion that it was bad. 

The ballot alluded to, was not put in the ballot box, but I'etained by 
the clerk at the request of Jacob Barker. 

After this occurrence, A. I). Kelly, an old and respectable and well 
known citizen, presented his ballot to the Inspectors ; Jacob Barker re- 



(38) 

fused to take it, and when asked by Mr. Kelly the cause, said thai he 
could not take another vote until the Elliott vote, which had been in 
question, should be decided upon, and that he considered that as still 
under consideration. J. P. Freret asked if any one had any challenge 
to make to Mr. Kelly's vote ; that he, Mr. Freret, knew Mr. Kelly to 
be entided to a vote, and that if there were no challenge, he would put 
the vote in the box. Jacob Barker was then asked by Mr. Kelly, if he 
would challenge his vote. Barker replied, he had a perfect conviction that 
Mr. Kelly had a right to vote, but that he had nothing else to say than 
what he had already said ; he would take no vote until the Elliott vote 
which, according to his opinion, was under consideration, should be acted 
upon. Upon this, J. P. Freret declared that as Mr. Kelly's vote was 
not challenged, and he knew it to be good, and as there was nothing else 
before the Inspectors than the question as to Kelly's vote, he would, 
under the circumstances, assume the proper responsibility of his ofRce, 
and put it in the box, Mr. Barker alleging that if the vote of Mr. Kel- 
ly was put in the box, he would not sign the certificate of the return of 
the eleciion as having been conducted according to law. I deeming the 
vote of Mr. Kelly to be unquestioned, put the vote in the box. 

Signed, JAS. P. FRERET. 

New-Orleans, \st July, 1844. 

Mr. Barker refusing to recognise any further proceedings as the doings 
of the Inspectors, and the Secretary saying he could not act without two 
Inspectors, the following compromise or arrangement was enteredinto, viz: 

A misunderstanding having arisen between the Inspectors, in relation 
to the Elliott votes, the Inspectors entered into the following agreement : 
That all the legal votes thereafter offering, should be placed in a separate 
box, except the Elliott votes, and that the Elliott votes should be kept in 
a separate box ; that all questions of law arising out of the case as de- 
tailed in the proces verbal, should be submitted to Judge Maurian for his 
opinion thereon, and if such opinion should be obtained before closing 
the polls, his judgment should control the conduct of the Inspectors on 
all questions of law ; otherwise the contents ot both boxes were to be 
mingled and counted together, but it was expressly agreed that the El- 
liott votes should not be counted in the general return but a separate note 
made of them, and the whole proceedings, duly signed by both the in- 
spectors. Signed, JACOB BARKER, 
Signed, W. C. Auld, Secretary. JAMES P. FRERET. 

New-Orleans, July Isl, 1844. 

After making the aforesaid agreement the election progressed under 
the superintendence of the two inspectors and secretary, during which 



(39) 

the following named indivicluals, viz: Charles William Bardels, Thomas 
Kelly, and Henry Cortjohn presented themselves and claimed the right 
to vote. They were challenged on the ground they had been naturalized 
citizens ; the oath that they would true answers make to all questions 
which should be propounded to them, touching their right to vote was 
taken by all, and they all stated that they had obtained their naturaliza- 
tion certificates from Judge Elliott's Court, that they were citizens of 
the United States, that they had resided in the state for one year and in 
the ward for six months immediately preceeding, and that they had paid 
taxes to the state of Louisiana within the last six months : whereupon 
the said James P. Freret refused to consider them entitled to vote, and 
their ballots were marked Elliott and retained agreeably to the terms of 
the aforesaid agreement. 

Great efforts were made through the day to obtain the presence of, and 
opinion of Judge Maurian — they not being successful, the poll was 
closed at the appointed hour and the ballots mingled by placing those 
from the second into the first box, when the Inspectors proceeded to 
count the same, and there appeared to have been received — 
For Representatives to Congress from the Second District : 
Alcee Labranche received 133 votes. B. Thibodaux received 235 votes. Jno. Slidell 
received 6 votes. 

For Representatives to the State Legislature : 



Gayarre 


received 


134 votes. 


Lavergne 


received 


239 votes. 


Johnson 


do 


132 votes. 


Burthe 


do 


242 votes. 


Durrive 


do 


133 votes. 


Latlirop 


do 


238 votes. 


Ramos 


do 


127 votes. 


Gardere 


do 


227 votes. 


Fonteneau 


do 


133 votes. 


Pilie 


do 


239 votes. 


Wallcer 


do 


133 votes. 


Grossman 


do 


238 votes. 


Winthrop 


do 


142 votes. 


Avery 


do 


240 votes. 


LocKe 


do 


135 votes. 


Farrar 


do 


243 votes. 


Vasou 


do 


137 votes. 


Duvignaud 


do 


238 votes. 


Daunoy 


do 


133 votes. 


M Canon 


do 


1 vote. 


Cruzat 


do 


242 votes. 


S. J. Peters 


do 


1 vote. 



For Senatorial Member to the Convention. 

John R. Grymeg received 147 votes. Martin Blache received 230 votes. 

For Parish Members to the Convention. 



J. B. Plauche 
W. Bogart 
P. Soule 
H. B. Cenas 

B. Marigny 
M. Cannon 
J. C. Larue 
E. Lasere 
N. Joiirdon 
K. Eustis 
O. Roselius 

C. M. Conrad 
S. J. Peters 



rec'd 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



(Signed,) Wm. 



135 votes. 

137 votes. 
135 votes. 
128 votes. 
128 votes. 
124 votes. 
120 votes. 
127 votes. 
127 votes. 

138 votes. 
2.^5 voles. 
242 votes. 
238 votes 
(Signed,) 
(Signed,) 

C. AuLD, Secretary. 



W. Christy received 235 votes. 

W.C.C.Claiborne do 239 votes. 

A. JVIazureau do 238 votes. 

J. P. Benjamin do 247 votes. 

R. Hunt do 252 votes- 

A. C. Bullitt do 250 votes. 

Jno. Culbertson do 242 votes. 

Gardere do 1 vote. 

Winthrop do 1 vote. 

J, Barker do 1 vote. 

Grossman do 1 vote. 

J. R. Grymes. do 1 vote. 

JAMES P. FRERET, Inspector. 
JACOB BARKER, Inspector. 



■N. B. Four of the five 'Elliott votes of oresaid and not inchidedin the count afort' 
saidf luerefor 



(40) 



(jiayarre for Legislature. 



Johnson 


do 


Durrive 


do 


Ramos 


do 


Fontaneau 


do 


Walker 


do 


Winihrop 


do 


Locke 


do 


Vaeon 


do 


Daunoy 


do 



Alcee Labranche for Congress. 

Jno. R. Grymes for Senatorial Member to Convention, 



J. B. Plauche 
W. Bogart 
P. Soule 
H. B. Cenas 
B. Marigny 
M. Cannon 
J. C. Larue 
E. Lesere 
N. Jourdon 
G. Eustice 



lor Parish 
do 
do 
do 
do 
do 
do 
do 
do 
do 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



The other one not included in the aforesaid count, was for 
B. Thibodaux for Congress. 
Martin Blache for Senatorial Member to Convention. 



Cruzat for Legislature 



Laverigne 

Burthe 

Lathrop 

Gardere 

Pilie 

Grossman 

Avery 

Farrar 

Duvignaud 



Signed, 



do 
do 
do 
do 
do 
do 
do 
do 
do 



C. Roselius for Parish 
C. M. Conrad do 
S. J. Peters do 

Wm. Christy do 
W.C.C.Claiborne do 
A. Mazureau do 
J. P Benjamin do 
R. Hunt 
A. C. Bullitt 
Jno. Culbertson 
Signed, 
Signed, 
Wm. C. Auld, Secretary. 



do 
do 
do 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



do 
do 
do 
do 
do 
do 
do 
do 
do 
do 



JAMES P. FRERET, Inspector. 
JACOB BARKER, Inspector. 



New-Orleans, 3d July, 1844- 



July 27th 1844. 

Since the preceding was in type, application was made to the Appel- 
late Court for an order on Judge Carrigan, (which he had suggested) 
who did not and could not intermeddle unless the case should be brought 
up by appeal. Judge (carrigan on being notified of this fact ordered the 
papers on file in his Court to be restored to the parties from whom they 
had been received. 

Thomas Quinn, who offered to vote on an Elliott certificate at the re- 
cent election and was refused, by Mr. Vienne, the Whig Inspector , at the 
Second Ward, Second Municipality, although he had always voted be- 
fore this election ; as his counsel, I presented such certificate this day to 
the Honorable Charles Maurian, Judge of the Parish Court, where his 
declaration had been made in due season and asked for a new certificate, 
— the Judge after examining the certificate pronounced it to be as good 
as any he could issue. Mr. Quinn having been once refused, insisted on 
a new certificate from that Court — two American citizens appearing and 
giving testimony of his residence in this city for more than five years, of 



(41) 

his good moral character and attachment to the institutions of our coun- 
try, — the new certificate was granted. 

The old and new certificates are in words and figures foUov/ing: 

COPY. 

The State of Louisiana — City Court of the City of Lafayette. Fri- 
day, October 30th, 1840. Present, the Hon. B. C. Elliott, Judge. 

This day came and appeared in open Court, Thomas Quinn, a native 
of Ireland, Kingdom of Great Britain: and the said Thomas Quinn 
having proved to the satisfaction of this Court by Peter Cummings and 
Ignan Zellar, citizens of the United States, that he the said Thomas 
Quinn arrived in the year of our Lord one thousand eight hundred and 
thirty-three, that he has resided in the State of Louisiana ever since his 
arrival in the United States, that he is a man of good moral character ; 
, attached to the principles of the constitution of the United States, and 
well disposed to the good order and happiness of the same, and that it 
has been bona fide his intention for the last five years to become a citizen 
of the United States, and the said Thomas Quinn having shown that he 
filed his declaration or report in the Marine Court in the City of New 
York and State of New York in the year of our Lord one thousand 
eight hundred and thirty-three (to wit :) that it was bona fide his inten- 
tion to become a citizen of the United States and to renounce all allegi- 
ance to every Foreign Prince, Potentate, State and Sovereignty and par- 
ticularly to the King of Ireland and Great Britain, and the t aid Thomas 
Quinn having taken the oath required by the first section of an act of 
Congress entitled, "an act to establish an uniform rule of naturalization, 
and to repeal the acts heretofore passed upon that subject," and by the 
first section of an act in addition to an act to establish an uniform rule 
of naturalization, and to repeal the acts heretofore passed upon that sub- 
ject. Whereupon it is ordered by the Court that said declaration and 
oath be entered of record, and that said Thomas Quinn be deemed and 
considered a citizen of the United States. 

I, Abncr Phelps, Clerk of the City Court of Lafayette, do certify the 
foregoing to be a true copy of the original act of naturalization of Tho- 
mas Quinn, filed this day of recoid in the Clerk's office of said Court. 

'^■'■^ In testimony whereof I have hereunto set my hand and affix- 
< L. S. > ed the seal of said City Court this thirteenth day of October, 

,^,^^.^ in the year of our Lord one thousand eight hundred and fort}', 
and the sixty-fifth of the independence of the United States. 
Signed. A. PHELPS. 

COPY. 

" Upon the special application of Thomas Quinn, and although the 

F 



(42) 

within certificate of naturalization appears to me perfectly valid, he per- 
formed this day all the formalities required by law, and was again natu- 
ralized in the Parish Court of New-Orleans." 

Signed, CHARLES MAURIAN, 

N. O. July 27, 1844. Judge. 

COPY. 

United States of America. 

STATE OF (L. S.) LOUISIANA. 

Parish Court for the Parish and City of New-Orleans. 

July 27th, 1844. 

Present, the Honorable Charles Maurian, Judge. 

This day personally came and appeared in open Court, Thomas Quinn> 
a native of the County of Westmeath, Ireland, now aged about forty, 
three years, who having exhibited to the Court his declaration of inten- 
tion to become a citizen of the United States, made before this Court on 
the thirtieth day of June, 1840, and he having sworn that he arrived in 
the United States to wit: at the city of New York, State of New York, 
in the year 1833, and that he has continued to reside within the limits 
and under the jurisdiction of the United States ever since, and tor the 
last four years within the State of Louisiana, and that for the last three 
years it has been his bona jide intention to become a Citizen of the 
United States, and he having proved his intention and residence to 
the satisfaction of the Court, by the oaths of Edward Rignay and Pat- 
rick Ward, witnesses, both Citizens of the United States, as also of his 
having always behaved as a man of good moral character, attached to the 
principles of the Constitution of the United States, and well disposed 
to the good order aad happiness of the same : and the said Thomas Quinn 
having taken the oath required by an act of Congress entitled, " An act 
to establish an uniform rule of Naturalization, and to repeal the Acts 
heretofore passed upon that subject," and by the first section of an Act 
of Congress, entitled, "An Act in further addition to an Act to establish 
a uniform rule of Naturaization and to repeal the acts heretofore pass- 
ed upon that subject, 

It is therefore ordered, adjudged and decreed by the Court, that the 
said Thomas Quinn be deemed and considered a Citizen of the Unit- 
ed States. 

A true copy of the original. Clerk's Office, New-Orleans, July 29th, 

1844. 

C. WEYSHAM, 

Deputy Clerk. 



(43) 

I Charles Maurian, sole Judge of the Parish Court for the Parish and 
City of New-Orleans, do hereby certify that Carlos Weysham, whose sig- 
nature is affixed to the above document, is, and was at the time of signing 
the same, one of the Deputy Clerks of our said Court, and that the signa- 
ture of said Carlos Weysham is in the true handwriting of him the said 
Carlos Weysham. 

CHARLES MAURIAN, 

Judge, 
New-Orlean*, July 29th, Ifeii. 



(45) 

MoNPAY, July 29th, 1844. 

On Saturday last for the first time I was favored with the perusal of a 
pamphlet which has been put into circulation by the authority of the 
Whig meeting which was convened at the St. Louis Exchange on the 
3d July, 1844 — professing to describe the conduct of the Inspectors of 
the late election, and the procedings of the [>egislature in relation to the 
Elliott certificates, in which pamphlet I am sorry to be compelled to say 
there are some errors, also, some omissions. 

What happened at any other Poll than that of tlie First Ward Second 
Municipality, I have not any knowledge, but as to what happened at that 
Poll I am not mistaken. The authors of the said pamphlet are mistaken 
in saying that James P. Freret Esq. my associate inspector, adopted a 
separate box and received the votes after the difficulty arose about the 
Elliott votes, without being recognized by me, until the close of the Polls ; 
the second box was adopted by both, and not a ballot placed in it which 
was not recognized by me — as well as by Mr. Freret, at the time, and 
i before it was put into that box. Only one 6a/Zo^, (that of Mr. Kelly) 
was placed m either box without my consent, and that was put into the 
original box by Mr. Freret, before the second box was introduced ; — this 
lead to the compromise, after which the business of the election was 
conducted with all possible despatch and harmony, and not a voter remain- 
ed at the polls offering to vote when the hour arrived for closing ; and it 
is not known that a single voter lost his vote by the short delay which 
took place. Hence, the declaration that the Whig majority was proba- 
bly reduced forty or fifty by this delay, is an imaginary figure as im- 
probable, as their statement as to the conduct of the two Inspectors, is 
erroneous. To have efTected this majority of forty or fifty, there must 
have been more than one hundred and fifty good votes rejected, as the 
Whigs did not get two-thirds of the votes polled. 

The statement I here make, the reader will find corroborated by the 
proces verbal bearing the signatures of both Inspectors now on file 
in the office of the State Department — a copy of Avhich will be found 
on page 37 of this book. 

It will be seen by a perusal of the proces verbal (page 34 to 37 of this 
pamphlet,) that Mr. Freret is mistaken when he says that Mr. Barker had 
given his opinion in writing that the Elliott vote was good ; — all that Mr. 
Barker urged was investigation, which was refused, and to consider them 
good — if in due form, and not impeached. 

After having thus described me as one of the ofTending Judges, the 
Committee go on to say : 



(46) 

" The undersigned would ouly further observe, that criminal prosecu- 
tions have been instituted against the offending judges, who have been 
bound over to appear before the Criminal Court, and true bills of indict- 
ment have been found against them." 

This, so far as relates to me, is all fiction, nor is it true that bills of in- 
dictment against those judges against whom proceedings are pending, 
have been found. 

The committee have published in their pamphlet the penalty of the 
law for disfranchising a citizen, but omitted to proclaim the penalty 
of the law for interfering with the Inspectors in the discharge of 
THEIR DUTY. It is to be found in the Act of November 7, 1814, 1st Mo: 
Digest page 431, sec. 5. and is in the following words : — 

"If it may be made to appear to the satisfaction of the proper court that at 
any election held or to be holden, under the laws of this state, any intimi- 
dation, threats, or violence, shall have been used or practised, with de- 
sign to influence unduly, or to overawe such election, or to restrain the 
freedom of choice ; or if any officer of election shall be threatened, 
or violence used to his person, or be interrupted in the execution of 
HIS DUTY, every person who shall be guilty of such intimidation, threat, 
violence or interruption, being convicted thereof, shall be fined in a sum 
not exceeding one thousand dollars, and be imprisoned, not exceeding 
three months." 

The statement in the said pamphlet is obnoxious to another objec- 
iion— in page 8 they say, 

♦' The report of the House of Representatives respecting them, {the 
^'^ Elliott certificates) discloses a scene of gross neglect, fraud andcorrup- 
'» tion, throughout the whole process under which they were issued, uu- 
♦' paralleled in the history of this country," 

"They then go on to say : 

' And the Senate in their proceedings, sitting as a High Court of Im- 
" peachment under the solemnity of an oath, after a laborious examina- 
" tion of testimony, and hearing eloquent and able counsel on the part of 
"Judge Elliott, adopted the following articles of Impeachment presented 
•* by the lower house." 

In these articles of Impeachment which they set forth at length 
in their pamphlet, it is among other things, stated that 1748 cer- 
tificates were unlawfully and corruptly caused and permitted to be issued 
between the 2d March, 1841, and the 1st January, 1844, and which it is 
stated in the pamphlet, that the Senate sitting as a High Court of Im- 
peachment xroPTED. In place of which, the Court qualified their con- 



(47) 

deranation— saying — " that the said Benjamin C. Elliott was guilty of 
the issuing of some of the said certificates as charged, but not of all," 

Ten members voting in the affirmative, and four in the negative, ♦' be- 
" because they believed that the question could not be divided." See 
page 30 of the Ofllcial Journal of this trial. 

And the Court further Resolved, 

" That the Senate in giving their votes upon the articles of Impeach- 
ment in this case, are not to be considered as expressing, and do not 
INTEND TO EXPRESS «« Opinion as to the right of the parties possessing 
certificates of naturalization issued from Judge Elliott's Court, to enjoy 

AND EXERCISE THE FRANCHISE OF AMERICAN CiTIZENS." 

This resolution is withheld from the pamphlet in auESTioN. 

Here we have evidence that Mr. Freret was mistaken when he said 
(pee page 34.) that the Legislature had impeached the Elliott certificates. 

It will not escape notice that the charges against Judge Elliott are li- 
mited to a period subsequent to the 2d of March, 1841: and yet all the 
certificates issued by him for some six or eight years, during the whole 
course of his judgeship, arc to be considered a nullity, on the authority of 
these proceedings, and without regard to the rights of parties holding them ! 

The aforesaid Thomas Quinn was among the number disfranchised by 
this act of injustice ; his certificate, (see page 41) was in due form, and 
as good as any certificate of naturalization granted by any court in the 
United States, yet he was disfranchised by the arbitrary conduct of the 
Whig Inspectors. 

Again, this Committee say, that 

" Previous to the election it was publicly stated, and indeed proclaim- 
ed, that the loco-foco party were determined, notwithstanding the noto- 
rious and ackno A'ledged h-auds in issuing the Elliott certificates, that these 
votes should be received, or they would close the voting in the Whig 
Wards." 

So far as I was concerned they are mistaken, as is proved by my 
proposition to Mr. Freret the day before the Election — to examine into 
the validity of all the Elliott certificates which should be presented. 

rejecting such as should appear to have been improperly granted 

Also by my report to a public meeting held the same evening, of Mr. Fre- 
ret's refusal to agree to this proposition, and his determination to reject all 
the Elliott certificates without enquiry ; with a notification to the meeting 

that I should not have the capacity to resist any such an act of power ; 

and again, my proposition to leave the questions which might arise to the 
Whig Judge from whom we derived our appointment; and finally, my letter 
written to that Judge on the morning of the election, and before it began 
intimating my v»ish for another to be appointed in my place. 



Can there be stronger evidence that I w,as not obnoxious to the charge 
this Committee have thought proper to make against all the Democratic 
Inspectors on the auihority of public rumor? 

As to the supposition that the Elliott voters were hired to go to the polls 
to interrupt the election — the Committee rely on their own imagination 
without having adduced a particle of 'proof, and no circumstance hd,s 
come to ray knowledge to warrant the supposition, that any such 

CRIMINAL CONDUCT TOOK PLACE ! 

However probable that men willing to make so grave and fearful a 
charge against others without the slightest proof, would not balk at com- 
mitting such acts themselves — I will not return the compliment by ac- 
cusing them of having sent a man to the polls with one of the corrupt El- 
liott certificates, and what they call 2, forged receipt to interrupt the elec- 
tion, in the hope of benefit from the moral influence of leading the pub- 
lic to believe the Democrats had done the vile deed. 

It is not my province to remark on the other part of the statements put 
forth in the said pamphlet further than to say, that-^ — the reader of every 
party will be much less likely to afford it his full credence than he 
would have been — had not the errors and omissions I have pointed out 
been permitted to escape the notice of this Committee before they gave theif 
signatures to the public. 

The Whigs pretend that their intention was to recommend only such 
foreigners, for naturalization as could furnish legal proof of the 
requisites Jor citizenship ; — if this be so, let them tell us what is meant 
by the note of the secretary of the Clay Club to Mr. Gaiennie written 
in French, and published in that language on page 39 of the official Jour- 
nal of Elliott's trial — and also on page 8 of this book — the translation of 
which reads thus. 

" Mr. L. U. Gaiennie." 

" A Mr. Martin and his son have returned from Lafayette, without 
having been naturalized. Judge Elliott requiring their witnesses; 
when you told Mr. Martin it was not necessary. Shall I tell these 
persons to provide themselves with witness es.^^ 

" Your ob't servant," CHARLES GUENET. 

The Whigs threaten if they get into power that they will repeal all 
the naturalization laws ; if they should do this — such repeal could not 
apply to those who shall have had recorded, a declaration to become 
citizens — as the declaration would secure a vested right. Hence it 
behoves every person now in the United States who was born in a 
foreign land, as also all those who shall hereafter arrive in the 
United States to make the declaration before a Court of competent 
jurisdiction without the least delay. JACOB BARKER. 



